Minnesota Last Will and Testament - Married, Domestic Partnership or Civil Union with Adult Children from Prior Marriage

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Minnesota Last Will and Testament - Married, Domestic Partnership or Civil Union with Adult Children from Prior Marriage Powered By Docstoc
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                             This Last Will and Testament may be used by an individual who is married or in a domestic
                             partnership or civil union, with adult children from a prior marriage. It is intended to
                             adequately provide for the appointment of a personal representative who will administer the
                             individual's last will and testament and carry out its provisions. This document will make
                             sure that the individual's assets and property are distributed to his or her spouse/partner
                             and children in the manner prescribed by the individual. This document is a useful estate
                             planning tool for individuals located in Minnesota who want to determine the manner in
                             which their assets are distributed upon death.
             ®




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                              LAST WILL AND TESTAMENT OF
                           _______________________________________
                            [Instruction: Insert the name of Testator]


I, _______________________________________ [Instruction: Insert the name of Testator]
resident of Minnesota under Minnesota Statues, Chapter 524-532- Estates of Descendents,
Guardianship, Article 2, Section 501, being of legal age and sound and disposing mind and
memory, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do
make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and
Codicils previously made by me.




                                             ARTICLE I
                                 MARRIAGE AND CHILDREN
I   am    married     to    or    have   a    domestic     partnership    or   civil   union   with
________________________________ [Instruction: Insert the name of spouse / partner], and
have the following adult children from a prior marriage:
[Instruction: Insert the Name of the Children and DOB]


Name: __________________________               Date of Birth: __________________
Name: __________________________               Date of Birth: __________________
Name: __________________________               Date of Birth: __________________




                                             ARTICLE II
                                 PERSONAL REPRESENTATIVE
I hereby appoint ___________________________________ [Instruction: Insert the Name of
Personal Representative] as Personal Representative of this my Last Will and Testament, and,
if this Personal Representative is unable or unwilling to serve then I appoint
____________________________________ [Instruction: Insert the Name of Alternate
Personal Representative] as alternate Personal Representative. My Personal Representative



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shall be authorized to carry out all provisions of this Will and pay my just debts that may be
probated, registered and allowed against my estate. However, this provision shall not extend the
statute of limitations for the payment of debts, or enlarge upon my legal obligation or any
statutory duty of Personal Representative to pay debts and funeral expenses.


No bond or security of any kind shall be required of any personal representative appointed in this
Will.


My personal representative, whether original, substitute or successor shall hereafter also be
referred to as my “Executor”.




                                           ARTICLE III
                                            BEQUESTS
I will, give, and bequeath unto the persons named below, if he or she survives me, the Property
described below: [Instruction: Specify the specific property that will go to a specific person]


Name           : _____________________________________
Address        : _____________________________________
Relationship : _____________________________________
Property       : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.




Name           : _____________________________________
Address        : _____________________________________
Relationship : _____________________________________
Property       : ________________________________________________________________



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______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.


Name           : _____________________________________
Address        : _____________________________________
Relationship : _____________________________________
Property       : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.


If a named beneficiary to this Will predeceases me, the bequest to such person shall be
distributed with residuary clause.




                                           ARTICLE IV
                         PRIMARY RESIDENCE OR HOMESTEAD
[Instruction: Choose any one clause below]
I will, devise and bequeath all my interest in my primary residence or homestead, if I own a
primary residence or homestead on the date of my death that passes through this Will, to my
______________         [Choose       the      appropriate        [wife,   husband,       partner],
_____________________________ [Instruction: Insert the name], if he or she survives me. If
he or she does not survive me, then my primary residence or homestead shall pass under the
residuary clause of this Will.
                                                 Or
I Will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to my
child (ren), ___________________________________________ [Instruction: Insert the name



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of child (ren) who receive primary residence or homestead] If I have and name more than one
child, they are to receive the property ______________ [Choose the appropriate [equally, per
stirpes, or equally and the survivor].




                                            ARTICLE V
                 ALL REMAINING PROPERTY – RESIDUARY CLAUSE
[Instruction: Choose any one clause below]
I will, devise, bequeath and give all the rest and remainder of my property and estate of every
kind and character, including, but not limited to, real and personal property in which I may have
an interest at the date of my death and which is not otherwise effectively disposed of, to my
_________________        [Choose      the    appropriate      [wife,      husband,   or       partner],
_____________________________ [Instruction: Insert the name].


                                                  Or


I direct that my residuary estate be distributed in ____________________________ [Choose the
appropriate      [equally,     per     stirpes,    or    equally       and    the    survivor]       to
__________________________ [Instruction: Insert the name of child (ren) who receives all
other property]. [Instruction: Please remove the article VI if using this clause]




                                            ARTICLE VI
       CONTINGENT - ALL REMAINING PROPERTY – RESIDUARY CLAUSE
In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest and
remainder of my property and estate of every kind and character, including, but not limited to,
real and personal property in which I may have an interest at the date of my death and which is
not otherwise effectively disposed of, to my child (ren) ___________________________
[Instruction: Insert the name of the Children]. If I have and name more than one child, they




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are to receive the property _________________________ [Choose the appropriate [equally,
per stirpes, or equally and the survivor]




                                            ARTICLE VII
                                        Appointment of Trustee
I appoint _____________________________ [Instruction: Insert the name of the Trustee], or
if   the    named       Trustee    is      unable   or     unwilling       to   serve,   I       appoint
_____________________________ [Instruction: Insert the name of the Alternate Trustee],
as Trustee of the Trust provisions of this Will to serve in said capacity with all the powers during
the administration of the Trust as are granted to Trustees under Minnesota Statues, Chapter 529,
Section 7, including the power to sell any of the real or personal property of the Trust for cash or
on credit or to mortgage it or to lease it, all to be exercised without Court order. The Trustee
named herein shall also have all powers as are granted to my Personal Representative under the
provisions of this Will during the administration of this private Trust.




                                           ARTICLE VIII
ADDITIONAL POWERS OF THE PERSONAL REPRESENTATIVE AND EXECUTOR
My Personal Representative shall have the following additional powers with respect to my estate,
to be exercised from time to time at my Personal Representative's discretion without further
license or order or any Court approval. I grant unto my Personal Representative, all powers that
are allowed to be exercised by Personal Representatives by the laws of the State of Minnesota
and to the extent not prohibited by the laws of Minnesota Statues, Chapter 524-532- Estates of
Descendents, Guardianship, Article 3, Section 711, the following additional powers:
[Instruction: Specify the Additional power of the Personal Representative]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________




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______________________________________________________________________________
_______________________________________________________________________.


All authorities and powers hereinabove granted unto my Personal Representative shall be
exercised from time to time in her or his sole and absolute discretion and without prior authority
or approval of any Court, and I intend that such powers be construed in the broadest possible
extent.


                                           ARTICLE IX
                                   OPTIONAL PROVISIONS
I have placed my initials next to the provisions below that I adopt as part of this Will. Any
unmarked provision is not adopted by me and is not a part of this Will.
____________ If any person named herein is indebted to me at the time of my death and such
                  indebtedness be evidenced by a valid Promissory Note payable to me, then such
                  person’s portion of my estate shall be diminished by the amount of such debt.
___________       Any and all debts of my estate shall first be paid from my residuary estate. Any
                  debts on any real property bequeathed in this Will shall be assumed by the
                  person to receive such real property and not paid by my Executor
____________ I direct that my remains be cremated and that the ashes be disposed of
                  according to the wishes of my Executor
____________ I direct that my remains be cremated and that the ashes be disposed of in the
                  following manner:       _____________________________[Instruction: Insert
                  your instructions]
____________ I desire to be buried in the _____________________________[Instruction:
                  Insert the Name of           Cemetery] cemetery in __________________
                  [Instruction: Insert the County]County, _____________ [Instruction: Insert
                  the State]




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                                           ARTICLE X
                                        CONSTRUCTION
The term "testator" as used in this Will is deemed to include me as Testator or Testatrix. The
pronouns used in this Will shall include, where appropriate, either gender or both, singular and
plural.




                                           ARTICLE XI
                              SEVERABILITY AND SURVIVAL
1. If any part of this Will is declared invalid, illegal, or inoperative for any reason, it is my
    intent that the remaining parts shall be effective and fully operative, and that, any Court so
    interpreting this Will and any provision in it construe in favor of survival.


2. This Will is not a result of a contract between me and any beneficiary, fiduciary or third party
    and I may revoke this Will at any time.


I, ___________________________________ [Instruction: Insert the Name of Testator],
having signed this Will in the presence of ____________________________ [Instruction:
Insert the Name of First Witness], and ________________________________ [Instruction:
Insert the Name of Second Witness] who attested it at my request on this the _____ day of
_____________, 20_____ at ____________________________________ [Instruction: Insert
the address where this Will is signed], declare this to be my Last Will and Testament.


                                                                _____________________________
                                                                _____________________________
                                                       [Instruction: Insert the Name of Testator]




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                                            WITNESSES
The foregoing instrument, consisting of ________ [Instruction: Insert the total number of
pages]      pages,   including      this    page,    was     signed       in     our        presence     by
_______________________________________ [Instruction: Insert the name of Testator] and
declared    by   _________________         [Choose   the   appropriate         [him    or    her]   to   be
_________________ [Choose the appropriate [his or her] last Will. We, at the request and in
the presence of _________________ [Choose the appropriate [him or her] and in the presence
of each other, have subscribed our names below as witnesses. We declare that we are of sound
mind and of the proper age to witness a Will that to the best of our knowledge the testator is of
the age of majority, or is otherwise legally competent to make a Will, and appears of sound mind
and under no undue influence or constraint. Under penalty of perjury, we declare these
statements are true and correct on this ________ day of ____________________, 20______ at
_____________________________________________________________ [Instruction: Insert
the address where this Will is signed].




______________________________                         ______________________________
         [Signature of Witness 1]                              [Signature of Witness 2]
______________________________                         ______________________________
[Printed or typed name of Witness 1]                   [Printed or typed name of Witness 2]
______________________________                         ______________________________
______________________________                         ______________________________
         [Address of Witness 1]                                [Address of Witness 2]




[Instruction: It is to be noted that this Will must be signed in the presence of two witnesses,
not related to you or named in your Will. A state specific self-proving affidavit is also
included and requires the presence of a notary public to sign the Will.]




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                              SELF PROVING AFFIDAVIT


THE STATE OF MINNESOTA


COUNTY OF ____________



We, __________, __________, and __________, the testator and the witnesses, respectively,
whose names are signed to the attached or foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the testator signed and executed the instrument
as the testator's will and that the testator had signed willingly (or willingly directed another to
sign for the testator), and that the testator executed it as the testator's free and voluntary act for
the purposes expressed in the will, and that each of the witnesses, in the presence and hearing of
the testator, signed the will as witness and that to the best of the witnesses' knowledge the
testator was at that time eighteen years of age or older, of sound mind, and under no constraint or
undue influence.

______________________________ [Signature of Testator]

______________________________ [Printed or typed name of Testator]

______________________________ [Signature of Witness 1]

______________________________ [Printed or typed name of Witness 1]

______________________________ [Signature of Witness 2]

______________________________ [Printed or typed name of Witness 2]



Subscribed, sworn to and acknowledged before me by __________ , the testator, and subscribed
and sworn to before me by __________, and ________, witnesses, this
________ day of ________.

(Seal)

______________________________ (Notary Public's Signature)

______________________________ (Official capacity of officer)




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Description: This Last Will and Testament may be used by an individual who is married or in a domestic partnership or civil union, with adult children from a prior marriage. It is intended to adequately provide for the appointment of a personal representative who will administer the individual's last will and testament and carry out its provisions. This document will make sure that the individual's assets and property are distributed to his or her spouse/partner and children in the manner prescribed by the individual. This document is a useful estate planning tool for individuals located in Minnesota who want to determine the manner in which their assets are distributed upon death.
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